My Account Details

Log in to Lawyer.com

Ask A Lawyer

Tell Us Your Case Information for Fastest Lawyer Match!

Please include all relevant details from your case including where, when, and who it involves.
Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers.

Display Sponsorship

TIPS

Easily find Raleigh Child Support Lawyers and Raleigh Child Support Law Firms. For more attorneys, search all Divorce & Family Law areas including Adoption, Child Custody, Child Support, Divorce and Family Law attorneys.

LEGAL TERMS

foreign divorce

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are (more...)

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.

next friend

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children (more...)

A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'

marital property

Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in (more...)

Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital property; some states include all property and earnings dring the marriage, while others exclude gifts and inheritances.

consummation

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

split custody

A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. (more...)

A custody arrangement in the case of multiple children, awarding sole custody of one child to one parent and sole custody of another child to the other parent. This arrangement is generally disfavored by judges because they are reluctant to split up siblings.

joint custody

An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have (more...)

An arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody (in which both parents have a say in decisions affecting the child) joint physical custody (in which the child spends a significant amount of time with both parents) or, very rarely, both.

attorney fees

The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (more...)

The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.

order to show cause

An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge (more...)

An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.

community property

A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings (more...)

A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.

SAMPLE LEGAL CASES

Pursuant to NC Gen.Stat. § 50-13.7(a) (2007), "[A]n order of a court of this State for support of
a minor child may be modified or vacated at any time, upon motion in the cause and a showing
of changed circumstances by either party...." Id. "Modification of a child support order ...

... acknowledges and agrees that their child's relationship with [Mason] should be protected and
promoted to preserve the strong emotional ties that exist between them;" and (5) "the parties desire
to make provisions regarding the support, custody and care of their child in the ...

... awarded to her on 2 September 2005, Respondent-Father had "taken no other steps or made
no other acts [sic] which would demonstrate any filial affection for the children, except to contact
[Petitioner-Mother] after he was arrested for non[-]payment of child support in March ...